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How To Use Search Constraints
Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Publication Date: 2018-04-17 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 18-0452
Although foster parents entitled to intervene in dependency proceeding as a preadoptive resource, such right was limited to challenging removal of child from foster home. Order of the trial court affirmed.
Public employer not entitled to subrogate against a third-party motor vehicle tortfeasor for workers compensation benefits paid as partial compensation of an injured employees Heart and Lung benefits. Order of the WCAB affirmed, case remanded.
Defendants demonstrated that they acted in a timely manner to address a default judgment where they had relied upon the assurances of their longtime insurance agent, who said the matter was being handled, and took immediate action once they learned the agent had failed to take any action on their behalf. The court recommended affirmance of its judgment for plaintiff.
FDCPA and UTPCPL claim arising from alleged wrongful garnishment of joint bank account failed where bank did not qualify as debt collector under FDCPA and account holders did not qualify as consumers under the UTPCPL. Defendants motion for summary judgment granted; plaintiffs motion for summary judgment denied.
The plaintiff borough was entitled to relief in this zoning ordinance enforcement action, including almost $23,000 in attorney fees, where defendants acknowledged receipt of an enforcement notice and their failure to file an appeal from that notice within 30 days of receipt. The court granted plaintiffs motion for partial summary judgment.
While the evidence at trial offered conflicting accounts of the condition of defendants property on the date of plaintiffs accident, the fact that evidence might permit different conclusions was insufficient grounds to set aside the courts findings, which were supported by competent evidence. The court recommended affirmance of its judgment for plaintiff.
In this case of first impression, the appellate court clarified what qualified as the agricultural operation against which plaintiffs nuisance claim was brought, concluding that it was the defendants farm operation, not the farms recently formed concentrated animal feeding operation. The appellate court affirmed a trial court order granting defendants summary judgment.
Unemployment compensation review board erred as a matter of law in considering whether claimant had a necessitous and compelling reason for leaving his part-time intermittent job because claimant applied for benefits based on his lay-off from his full-time employer and he was clearly eligible for benefits based on that layoff. Reversed.
In this case of first impression, the appellate court concluded that the rule of capture does not preclude liability for trespass due to hydraulic fracturing given the distinctions between conventional gas drilling and hydraulic fracturing. The appellate court reversed an order granting defendants partial summary judgment and remanded.